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Contractor Categories and Enlistment Rules

a) Category of Contractors:

Amount of work upto which contractor can tender S.No. Class of Contractor As per old instructions

dated 1/3.10.1997 Revised instructions

1. Special

Class

Work costing more than Rs.

1.00 Crore and of non

conventional type such as

sewage treatment plants,

fire fighting etc. requiring

specialized technical skill

and of unusual type.

Specified amount of Non conventional type works such as sewage treatment plants, water treatment plants (Rapid sand filtration) fire fighting, OHSR, Tube well, Air conditioning, Electrical & Mechanical works etc. requiring specialized technical skill and of unusual type

2. Class-I Any limit except the work

mentioned against Special

Class.

Specified amount above Rs. 250 lacs except for the works mentioned against special class.

3. Class-II Upto Rs. 50.00 lacs Specified amount upto Rs.250 lacs

4. Class-III Upto Rs. 20.00 lacs Specified amount upto Rs. 100 lacs

5. Class-IV Upto Rs. 5.00 lacs Specified amount upto Rs. 30 lacs

6. Class-V Upto Rs. 1.00 lacs Specified amount upto Rs. 10 lacs

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b) Qualification for Enlistment:

Qualification as per S. No. Class of Contractor Instruction dated

1/3.10.1997

Revised instructions

1. Special Class

The agency should have executed satisfactorily works costing more than Rs. 1.00 Crore and of non-conventional type required specialized technical skill and of unusual type.

The agency should have executed satisfactorily one work amounting to 80% of specified amount of enlistment or three works each amounting to more than 50% of specified amount of enlistment, of non-conventional type requiring specialized technical skill and of unusual type during the last three years.

2. Class-I The agency should have executed satisfactorily five works costing more than Rs 30 lacs each or three works costing more than Rs. 50 lacs each or above during the last three years.

The agency should have executed satisfactorily three works of total amount more than specified amount of enlistment or five works costing more than Rs 100 lacs each during the last three years.

3. Class-II The agency should have executed satisfactorily five works costing more than Rs. 10.00 lacs each during the last three years.

The agency should have executed satisfactorily three works of total amount more than specified amount of enlistment during the last three years.

4. Class-III The agency should have executed satisfactorily five works costing more than Rs. 3.00 lacs each during the last three years.

The agency should have executed satisfactorily three works costing more than specified amount of enlistment during the last three years.

5. Class-IV The agency should have executed satisfactorily five works costing more than Rs. 50,000 each during the last three years.

The agency should have executed satisfactorily three works costing more than specified amount of enlistment during the last three years.

6. Class-V Petty works Petty works

c) Powers to Enlist:

As per instructions dated 1/3.10.1997

Revised instructions

3.0 The powers to make the enlistment of contractors / Private and Public Limited Companies in respect of Special Class , Class-I, Class-II, Class-III and Class-IV are as under:- 3.1 A committee consisting of the following officers has been constituted for examination of the application forms for enlistment of contractors for special class works

3.0 The powers to make the enlistment of contractors / Private and Public Limited Companies in respect of Special Class , Class-I, Class-II, Class-III and Class-IV are as under:- 3.1 A committee consisting of the following officers has been constituted for examination of the application forms for enlistment of contractors for all class, class-I, class-II & class-III works.

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Engineer-in-Chief, Haryana Public Health Branch, Chd Chairman (ii)Chief Engineer (Works) Member (iii) Chief Engineer (YAP) Member (iv)Executive Engineer (Planning) Member Secretary

(i) Senior most Chief Engineer Chairman (ii) Second senior most Chief Engineer Member (iii) Superintending Engineer (Planning) Member Secy.

3.2 A committee consisting of the following officers has been constituted for examination of the application forms for enlistment of contractors for Class-I and Class-II contractors :- (i) Chief Engineer (YAP) Chairman (ii) Superintending Engineer (Plg) Member (iii) Superintending Engineer(Urban) Member (iv) Executive Engineer(Plg.) Member Secy.

Proposed to be deleted as included under above committee

3.3 A committee consisting of the following officers has been constituted for examination of application forms for enlistment of Class-III contractors: (i)Superintending Engineer of Chairman respective circle. (ii) Two senior most Executive Engineers of the Divisions Falling under the concerned Circle of superintendence. Member (iii) Superintendent (working in concerned circle) Member Secy.

3.3 A committee consisting of the following officers has been constituted for examination of application forms for enlistment of Class-IV contractors: (i)Superintending Engineer of respective circle. Chairman (ii) Two senior most Executive Engineers of the Divisions Falling under the concerned Circle of superintendence. Member (iii) Superintendent (working in concerned circle) Member Secy.

3.4 A committee consisting of the following officers has been constituted for examination of application forms for enlistment of Class-IV contractors: (i) Executive Engineer of respective Division Chairman (ii) Two senior most Sub-Divisional Engineer Member (iii) Deputy Superintendent (working in respective Division) Member Secy.

3.4 A committee consisting of the following officers has been constituted for examination of application forms for enlistment of Class-V contractors: (i) Executive Engineer of respective Division Chairman/Member (ii) One Executive Engineer to be nominated by SE Chairman/Member (ii) One senior most Sub-Divisional Engineer Member (iii) Deputy Superintendent (working in respective Division) Member Secy. Note: Senior among (i) and (ii) will act as Chairman

Class-V contractors will be enlisted by each respective Executive Engineer.

Proposed to be deleted as included under above category

-4- 4.0 Jurisdiction for Enlistment The contractor residing outside Haryana State shall apply for enlistment/renewal of enlistment of the officers as given below:- (a) Punjab, Himachal Pradesh and Chandigarh SE Ambala (b) Uttar Pradesh SE Karnal ( c) Delhi SE Rohtak (d) Rajasthan SE Hisar (e) Any State other than above. SE Gurgaon

The contractor residing outside Haryana State shall apply for enlistment/renewal of enlistment of the officers as given below:- (a) Punjab, Himachal Pradesh and Chandigarh SE Ambala (b) Uttar Pradesh SE Karnal ( c) Delhi SE Rohtak (d) Rajasthan SE Hisar (e) Any State other than above. SE Gurgaon

4.1 The respective contractors/ private or public Limited Company desirous of enlistment as Special Class , Class-I, Class-II and Class-III contractor should apply on the application for enlistment of contractors prescribed in PWD Manual of Orders, Appendix 7-C as modified from time to time, to the Superintending Engineer under whose jurisdiction the permanent address of the contractors/ Private or Public Limited Companies fall alongwith the enlistment fee prescribed hereinafter.

4.1 The respective contractors/ private or public Limited Company desirous of enlistment as Special Class , Class-I, Class-II and Class-III contractor should apply on the application for enlistment of contractors prescribed in PWD Manual of Orders, Appendix 7-C as modified from time to time, to the Superintending Engineer under whose jurisdiction the permanent address of the contractors/ Private or Public Limited Companies fall alongwith the enlistment fee prescribed hereinafter.

4.2 After examination of such applications the respective Superintending Engineers will send these applications to the Member Secretary to the Committee.

4.2 After examination of such applications the respective Superintending Engineers will send these applications to the Member Secretary to the Committee.

4.3 The Committee will meet after every three months to examine the applications received for enlistment and shall finally decide these cases.

4.3 The Committee will meet after every three months to examine the applications received for enlistment and shall finally decide these cases.

4.4 The decision of the above Committee shall be communicated by the Member Secretary of the Committee to the concerned Superintending Engineer who shall issue the necessary certificate of enlistment to the contractors / Private Limited Companies. The necessary register of contractors shall be maintained by the concerned Superintending Engineer. Similarly , for enlistment as Class-IV and V contractors, the prospective contractors desirous of enlistment should apply on the application for enlistment of contractors prescribed in PWD Manual of Orders Appendix 7-C as modified from time to time, to the Executive Engineer under whose jurisdiction the permanent address of the contractors fall alongwith the enlistment fee prescribed hereafter.

4.4 The decision of the above Committee shall be communicated by the Member Secretary of the Committee to the concerned Superintending Engineer who shall issue the necessary certificate of enlistment to the contractors / Private Limited Companies. The necessary register of contractors shall be maintained by the concerned Superintending Engineer. Similarly, for enlistment as Class-IV and V contractors, the prospective contractors desirous of enlistment should apply on the application for enlistment of contractors prescribed in PWD Manual of Orders Appendix 7-C as modified from time to time, to the Executive Engineer under whose jurisdiction the permanent address of the contractors fall alongwith the enlistment fee prescribed hereafter.

-5 - 5.0 Enlistment Fee The enlistment fee under different Classes shall be as under: S.No. Category of Rate of Remarks Contractors the fee prescribed ------------------------------------------------------------------ 1. Special Class Rs. 5,000/- Renewal after 2 Yrs. 2. Class-I Rs. 5,000/- financial years 3. Class-II Rs. 4,000/- at a fee equal 4. Class-III Rs. 3,000/- 50% of enlistment 5. Class-IV Rs. 1,000/- fee. 6. Class-V Rs. 500/-

S.No. Category of Rate of Remarks Contractors the fee prescribed ---------------------------------------------------------------------- 1. Special Class Rs. 25,000/- Renewal after 2 Yrs. 2. Class-I Rs. 25,000/- financial years 3. Class-II Rs. 20,000/- at a fee equal 4. Class-III Rs. 15,000/- 50% of enlistment 5. Class-IV Rs. 5,000/- fee. 6. Class-V Rs. 2,500/-

Action against the contractors for delay in completion of works:

Time is the essence of the contract agreement. It has been observed that most of

the works are not completed within the stipulated contract period and sometimes the works

are completed in more than the double of contract period leading to delayed benefits of the

project to the public / beneficiaries. This is because of the callous attitude of the contractors

as well as the officers towards the completion of work within time period. Moreover hardly

any action is initiated against the contractors for delay in completion of works & time

extension is granted on flimsy grounds . To check this menace of delay in completion of

works as well as to encourage timely completion of works, some actions other than penalty

clauses of contract agreement are proposed as under:-

(I) The enlistment of the contractor be suspended in case he does not execute the agreement after acceptance of the tender. He shall be debarred & suspended from participating in the re-tender of that work or in future tenders also for a period of two years.

(II) The enlistment of the contractor be suspended in case he does not start the work by the date of commencement as notified by the Engineer-in-Charge except in cases where he is not at fault e.g. delay in handing over the site etc. He shall be debarred and suspended from participating in the re-tender of that work or in future tenders also for a period of two years.

(III) The enlistment of the contractor be suspended for three years in case action under Clause 3-C of the agreement has been initiated against the contractors.

(IV) The contractor be demoted to a lower class at the time or renewal of his enlistment in case he has not been able to finish at least 75% of the works awarded to him within the original contract time period except in cases where he is not at fault e.g. delay in handing over the site, approval of structural design, delay in supply of material to be given by the Department, natural calamity etc. to be decided by the Engineer-in-charge.

(V) The action proposed at (i) , (ii), (iii) & (iv) regarding demotion, debarring/ suspension can be reviewed by competent authority as prescribed from time to time.